| Since Washington state is an “at-will” state, companies can terminate employees for any reason. Nonetheless, employers need to protect themselves before taking that step.
The best way to protect the company from liability is to have a uniform policy that has been reviewed by an attorney and complies with all federal and state regulations. Because laws change so quickly today, those policies should be periodically updated. The policies should include hiring, performance review, discipline and firing procedures.
“You need to be very precise and document every step in the process (of employment),” said Ken Kambich with the law firm Shiers, Chrey, Cox, DiGiovanni, Zak & Kambich LLP.
Document all issues and conversations and make sure the employee acknowledges them by signing, and make sure they understand the issues.
“Keep records of both positive and negative comments to employees,” Kambich said.
Although employees have great leeway in the termination process, various laws govern how workers should be treated, paid and so on. Employees can be personally held responsible in lawsuits. “You don’t want to be on the other side of an employee bringing a wrongful termination or unlawful withholding lawsuit,” said Kambich. “The stakes are very high.”
When letting go of an employee, have a witness present. “Be careful in giving reasons for termination. In state law, you can terminate without giving a reason,” said Ed Wolfe, attorney at law with offices in Bremerton and Seattle.
Employees, however, can request in writing that a reason be provided to them. Defamation can be an issue when providing the letter or sharing information with other potential employers who call on references.
“Generally I’ll have an employee sign a waiver or release before employment so I can release information to other prospective employers later down the way,” Wolfe said.
Employees should make sure no laws are violated before terminating — such as discrimination. Making the move should be as non-emotional as possible, very professional, and involve a witness. Although the final paycheck doesn’t have to be delivered until the next pay period, it is a good idea to deliver it there. A memo should be included in the person’s file describing what took place. The specifics of termination should not be discussed with anyone else unless there is a certain need to share the information to avoid potential liability for defamation.
(Editor’s note: This article is presented for informational purposes only and should not be viewed as legal advice.)
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